University-Based Science and Biotechnology Products : Defining the Boundaries of Intellectual Property

This study examines the effect that patenting of discoveries made by academic researchers has on pharmaceutical and biotechnological advances.Often, university researchers discover key findings about mechanisms underlying physiological function and disease states which are then used and marketed by private corporations.Initially, after the Bayh Dole Act of 1980 was passed, researchers were granted patents on basic scientific discoveries including small genetic gene fragments.Concern grew as to the impact allowance of such patents would have on the ability of others to effectively research.The USPTO published guidelines in 1997 which have made it more difficult to patent biomedical discoveries. The use of these discoveries often leads to disagreements and lawsuits over the rights to the discovery.One possible solution to the conflict that arises between university researchers who make the initial, critical discoveries and the private corporations that capitalize on such discoveries to make and market lucrative products is the development and use of patent pools.An additional possibility is the creation of an administrative law arbitration mechanism to which aggrieved parties could look if an agreement cannot be reached. Scientific policy must look in the coming years to further develop intellectual property law, so as to reward those who make the initial, critical discoveries without stifling the development of beneficial products. (SRD)